Immigration to us

[smithjohn]

Hi, i am 22 and my brother is 24 years old, i am studying in college while my brother is working in hotel industry. i am from india my relatives are in Us.
what is the process if my relatives in US sponsor us for permanent residence for my whole family including my father, mother, brother and me?
how much time the application takes?
we do not have sufficient funds, but my us relative they have good savings and they can afford our sponsorship.

what is the process please explain and what are the chances of getting permanent residence in Us.

thanks

[rayb]

Since you and your brother are over age 20, you cannot be petitioned as a group, but must be petitioned individually by a relative who has a petitionable relationship (parent, spouse, sibling). Excepting for a spousal petition (from a U.S. citizen spouse), it will be a long time between the petition submittal and your eligibility for an immigrant visa.

--Ray B

Hi, i am 22 and my brother is 24 years old, i am studying in college while my brother is working in hotel industry. i am from india my relatives are in Us.
what is the process if my relatives in US sponsor us for permanent residence for my whole family including my father, mother, brother and me?
how much time the application takes?
we do not have sufficient funds, but my us relative they have good savings and they can afford our sponsorship.

what is the process please explain and what are the chances of getting permanent residence in Us.

thanks

[smithjohn]

Since you and your brother are over age 20, you cannot be petitioned as a group, but must be petitioned individually by a relative who has a petitionable relationship (parent, spouse, sibling). Excepting for a spousal petition (from a U.S. citizen spouse), it will be a long time between the petition submittal and your eligibility for an immigrant visa.

--Ray B

Hi thanks.

My relative in US is my mother's brother so he will have to sponsor each member of my family individually?
Can he sponsor us? Because he and my mother are siblings and me and my brother are his nephews?
How long is this sponsor process and what are the chances?

Thanks

[peace999]

US citizens sponsoring siblings and their families takes a long time. a decade or more .
Other common way to immigrate is employer sponsorship that takes many years too.

Quick ways;

1. marriage; US citizen/PR spouse who can sponsor you in less than a year.
2. Investment of half to 1 million USD. Category EB5 ;less than a year.
3. Extraordinary ability category EB1 . may not apply to you as you are too young
4.Business immigration category EB1 . If you have a business in India , you can open a branch in US and immigrate
on that basis without any sponsorship.

For young people like you the common way is to go to US as students /H-1b worker and while you work as H-1b ,the employer
can file your immigrant petition. The waiting time of several years can be covered by working as an H-1b.

Go to travel.state.gov for different immigrant visa categories and go to visa bulletin on the same site for waiting
times in each category for different countries.

[smithjohn]

US citizens sponsoring siblings and their families takes a long time. a decade or more .
Other common way to immigrate is employer sponsorship that takes many years too.

Quick ways;

1. marriage; US citizen/PR spouse who can sponsor you in less than a year.
2. Investment of half to 1 million USD. Category EB5 ;less than a year.
3. Extraordinary ability category EB1 . may not apply to you as you are too young
4.Business immigration category EB1 . If you have a business in India , you can open a branch in US and immigrate
on that basis without any sponsorship.

For young people like you the common way is to go to US as students /H-1b worker and while you work as H-1b ,the employer
can file your immigrant petition. The waiting time of several years can be covered by working as an H-1b.

Go to travel.state.gov for different immigrant visa categories and go to visa bulletin on the same site for waiting
times in each category for different countries.

Thanks for the reply.

Can i apply for higher studies in us after completing my graduation here. Is it possible that after my graduation my uncle can hire me as an employee in us?

Can we sell our property here in india to invest half a million there in property or we have to invest that amount into something else?

[peace999]

Yes, you can sell your property in INdia and invest that money in US. You can either open your own business investing 1 mill. USD or invest half a million
in a regional center ( existing investment destinations). They initially give you a 2 year conditional green card. And 2 years later if
you cannot maintain the business or the regional center goes bust, you lose your green card and possibly your money.
So, investment category EB5 is risky and not so straightforward.
It is good for people who are very rich and know how to run a business/are investment savvy.

Better than that is opening your business in India, even if small, and also opening a branch in US and then immigrating under EB1 ( business immigration) .
It involves much less money than EB5, you have better control of your money and another advantage is that the green card is not conditional.
Yes, you can go for higher studies there but you will need to clear some tests like GRE or others and you will need good money for tuition in US.
If you have a 4 yr bachelor's degree , your uncle may be hire you EVEN NOW as an H-1b. Explore about H1b on the web.
Also, your uncle can file a green card petition for you NOW as an employer , even when you are in India. under EB2 or EB3 depending on your education and experience.
It will take several years but at least you get the process started.

[smithjohn]

Yes, you can sell your property in INdia and invest that money in US. You can either open your own business investing 1 mill. USD or invest half a million
in a regional center ( existing investment destinations). They initially give you a 2 year conditional green card. And 2 years later if
you cannot maintain the business or the regional center goes bust, you lose your green card and possibly your money.
So, investment category EB5 is risky and not so straightforward.
It is good for people who are very rich and know how to run a business/are investment savvy.

Better than that is opening your business in India, even if small, and also opening a branch in US and then immigrating under EB1 ( business immigration) .
It involves much less money than EB5, you have better control of your money and another advantage is that the green card is not conditional.
Yes, you can go for higher studies there but you will need to clear some tests like GRE or others and you will need good money for tuition in US.
If you have a 4 yr bachelor's degree , your uncle may be hire you EVEN NOW as an H-1b. Explore about H1b on the web.
Also, your uncle can file a green card petition for you NOW as an employer , even when you are in India. under EB2 or EB3 depending on your education and experience.
It will take several years but at least you get the process started.

Thanks alot for the reply and explaining the process in detail that was really helpful.

I am in my final year of engg in IT. My visitor visa was refused 3 years back when i was in first year.
Can he start the process of h1b visa now? Will be earlier b2 affect ?

Last thing if we sell our property and invest that in my uncle's hotel which is already working for 3-4 years? Is that possible?

Thanks

[peace999]

No. B2 denial will not have any effect on your current H1b. B2 requires a non-immigrant intent while H1b does not.

Investment in existing business is possible. Either for EB5 ( investment) or EB1 ( business immigration) .
Strongly recommended; go through a top notch immigration attorney if you are doing that. Retaining a good attorney can
make all the difference.

[rayb]

Your uncle can only petition his siblings, parents, children or spouse. He cannot petition nieces or nephews or grandchildren.

--Ray B

Hi thanks.

My relative in US is my mother's brother so he will have to sponsor each member of my family individually?
Can he sponsor us? Because he and my mother are siblings and me and my brother are his nephews?
How long is this sponsor process and what are the chances?

Thanks

[smithjohn]

Your uncle can only petition his siblings, parents, children or spouse. He cannot petition nieces or nephews or grandchildren.

--Ray B

hi, thanks rayb.
I understand now that he can't file a petition for me and my brother,
but regarding other alternatives which peace999 explained i can try that.

Regarding employer h1b visa if my uncle hire me from here in his hotel will that make my case difficult, As in US embassy won't ask them why they are not hiring someone from US itself and why they are hiring there nephews?

Will that not be transparent enough for them to see that he is trying to get me and my brother to US somehow?

Thanks alot ray and peace999 for advise.

[peace999]

hi, thanks rayb.
I understand now that he can't file a petition for me and my brother,
but regarding other alternatives which peace999 explained i can try that.

Regarding employer h1b visa if my uncle hire me from here in his hotel will that make my case difficult, As in US embassy won't ask them why they are not hiring someone from US itself and why they are hiring there nephews? \

one more thing i am an IT engg. hiring me for hotel without any experience, all this wont look odd to them?

Will that not be transparent enough for them to see that he is trying to get me and my brother to US somehow?

Thanks alot ray and peace999 for advise.

your concerns are not valid, your H-1b petition filed by your uncle will be approved first by the USCIS. ANd then you will apply for an H-1b visa based on that
approved petition. And your uncle can find a computer position in his hotel.

[smithjohn]

your concerns are not valid, your H-1b petition filed by your uncle will be approved first by the USCIS. ANd then you will apply for an H-1b visa based on that
approved petition. And your uncle can find a computer position in his hotel.

hi,
then i will have to go to consulate for interview ? what all questions do they ask ? what about the fees for h1b visa ?

[peace999]

hi,
then i will have to go to consulate for interview ? what all questions do they ask ? what about the fees for h1b visa ?

yes. they only look at the approved petition and see that there is no fraud. that you actually have a bachelor's degree and the company
that is employing you actually exists.

there is some petition fee your uncle will have to pay . he can choose between routine processing and premium processing. But remember there is an yearly quota for H1b
and it gets filled quickly when it opens every April for jobs to start same yr in october.

[smithjohn]

yes. they only look at the approved petition and see that there is no fraud. that you actually have a bachelor's degree and the company
that is employing you actually exists.

there is some petition fee your uncle will have to pay . he can choose between routine processing and premium processing. But remember there is an yearly quota for H1b
and it gets filled quickly when it opens every April for jobs to start same yr in october.

Thanks alot peace999

[claudia36]

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